IPE Update: Motion To Dismiss Digital Homicide Lawsuit Presented

May 5th, 2016 Connor

Romine V Stanton refers to the ongoing lawsuit between James Romine (Digital Homicide) and James Stanton (Jim Sterling) over alleged defamation by the latter causing damage to the reputation and sales of the former. Last we heard, James Romine had filed a motion to amend his complaint and is now suing for over $15 million in damages, including $5 million in emotional distress. The defense, on April 5th, filed a motion to delay their response which was granted with the new deadline being May 5th.

Well the deadline is here and the response was filed yesterday, finally giving us a response from Stanton and his lawyers, of which he has two. James Romine is still being represented by himself, owing to the fact that he can’t get a lawyer to take his case. The brunt of the 31 page response aims to persuade the judge to dismiss the case on the grounds that Arizona does not have jurisdiction over the case, seeing as Stanton has no presence in the state, makes no sales in the state, nor is he aware if anyone does or does not watch his videos from Arizona. Humorously, he also notes that he has never even visited the state.

Stanton’s response is a motion to dismiss the case, defending his writing/videos as protected speech and that commentary on DHS is clearly opinion. I’ll let Stanton sum it up:

I am appalled that my opinions and writings on the subject of DHS, its games, and its use of an alias on the Steam service to distribute its games can serve as a basis for a libel lawsuit. As a writer and entertainer, I am well within my legal right to express my opinions, disclose my discoveries, and be part of online commentary regarding video game companies like DHS and video game distribution services like Steam. The Article is clearly protected speech and use of words like “chicanery,” “the Wet Bandits,” “weirdness” and “weeeeird” to describe DHS is clearly opinion.

MMO Fallout will have an update hopefully early next week on how Judge Tuchi rules.